Can I Force A Will Being Submitted For Probate?
Q: My mother gave a very strong power of attorney to my nephew. In the course of time this nephew resigned (not by written instrument) thereby making the nephew's father (my estranged brother) the power holder. Mother subsequently died in an assisted care facility. I know that mother had a will because I saw a copy at one point, I also calculate that there SHOULD be approximately 40 - 50 thousand dollars left from the 120,000 received from the sale of mother's house. Mother has been dead 9 months now, but still no estate has been opened & when I inquired at the orphans court I was told that no estate opening was necessary if there were no assets.
A: I take it you can't just talk to your brother and try to resolve things without lawyers and courts. In any event, every state should have some sort of procedure for dealing with this situation. Possible procedures could be: - Filing a petition with the Orphans' Court to compel the production of a will; or - Ignoring the will and filing for letters of administration as an intestate heir. You should talk to a knowledgeable lawyer in the county in which your mother resided at death about the best course to pursue.